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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35521 of 2026 Court No. - 69 HON'BLE AVNISH SAXENA, J.
1. Heard Sri Om Prakash Yadav, learned counsel for accused applicant and learned A.G.A. for the State. 2. The present bail application has been moved by the applicant accused- Ankit Yadav to enlarge him on bail in Case Crime No. 192 of 2026, under Sections 310(2), 317(3), 61(2)(a) of BNS, P.S.- Kotwali, District- Jhansi during the pendency of trial. 3. It is the contention of learned counsel for accused applicant that the FIR of dacoity has been lodged on 12.7.2026 by the informant Kishan Dileep Bhai Panchal with the allegation that on 9.7.2026, the informant was on his scooty containing Rs.24,90,000/- in cash. The dacoity was conducted.The FIR was then lodged. It is further contended that on 15.7.2026 the police has arrested the accused/applicant and on the basis of his disclosure statements, the dacoity was opened. The amount of Rs. 23,450/- has been recovered from him which is shown to be a booty. There is no test identification parade. Nothing on record to explain the delay in lodging the FIR despite the dacoity. The arrest and recovery has been made in absence of independent witness. The investigation is continuing and the accused applicant is co- operating in the investigation. The applicant has no criminal history. The applicant is languishing in jail since 15.7.2026. He seeks enlargement of accused on bail. 4. Learned A.G.A. has opposed the bail application. 5. This Court has taken into consideration the rival submissions made by Versus Counsel for Applicant(s) : Om Prakash Yadav Counsel for Opposite Party(s) : G.A. Ankit Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)
learned counsel for the parties and perused the record. 6. Considering the apparent delay in lodging the FIR and the arrest and recovery has been made in absence of the independent witness and the accused applicant has no criminal history, the accused applicant is entitled to be enlarged on bail. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs.
State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. October 6, 2026 Abhishek Sri. BAIL No. 35521 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad